HomeMy WebLinkAbout3/9/2019 - Regular
March 12, 2019
87
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the second
regularly scheduled meeting of the month of 2017. Audio and video recordings of this
meeting will be held on file for a minimum of five (5) years in the office of the Clerk to
the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman North called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Phil C. North; Supervisors George G. Assaid,
Martha B. Hooker, David F. Radford and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator, Ruth Ellen Kuhnel, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: BRIEFINGS
1. Briefing to discuss with the Board of Supervisors the County
Administrator's Proposed Fiscal Year 2019-2020 Operating
Budget (Daniel R. O'Donnell, County Administrator; Christopher
R. Bever, Director of Management and Budget)
Briefing was given and the budget presented to the Board.
March 12, 2019
88
IN RE: NEW BUSINESS
1. Request to accept and allocate funds in the amount of $1,500
from the 2018 Mud Run from Roanoke Valley Detachment 426 of
the Marine Corps League to Camp Roanoke (Doug Blount,
Director of Parks, Recreation and Tourism)
A-031219-1
Mr. Blount outlined the request and introduced the member of the
marines. Supervisor Hooker, Radford and North thanked the Corp. There was no
discussion. On motion of Supervisor Hooker to accept and allocate the funds, the
motion was seconded by Supervisor Radford and carried by the following roll call and
recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
2. Request to authorize the County Administrator to accept the
terms and conditions of the Section 106 Treatment plan for the
Bent Mountain Center Preservation Fund as promulgated by the
Federal Energy Regulatory Commission (FERC) (Richard L.
Caywood, Assistant County Administrator)
A-031219-2
Mr. Caywood indicated there was an error in the Board Report. On page
2 of the Board Report, item number three, should read Bent Mountain Apple Orchard
and Coles-Terry Rural Historic District. Mr. Caywood then outlined the request.
Supervisor Radford inquired if by taking this action, it waived the rights for
future landowners in the historic districts. With Mr. Caywood responding in the negative.
Supervisor Radford questioned what about that showed by once they started
construction, with Mr. Caywood again responding in the negative.
Supervisor Assaid inquired if we accept the $500,000 and utilize for
renovation purposes or upgrades for the Bent Mountain Center, is there anything that
says if we accept the money we have to retain ownership of that building for any length
of time with Mr. Caywood advising not that he is aware of. There was no further
discussion.
On motion of Supervisor Radford to accept the terms and conditions, the
motion was seconded by Supervisor Hooker and carried by the following roll call and
recorded vote:
March 12, 2019
89
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
3. Request to approve the Cable Television budget for fiscal year
2019-2020 (Elaine Bays-Murphy, Director of Cable Access)
Ms. Murphy outlined the request. There was no discussion.
On motion of Supervisor Peters to accept the terms and conditions, the
motion was seconded by Supervisor Hooker and carried by the following roll call and
recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES
1. Ordinance granting and authorizing a Deed of Release of Reverter
and Restriction to Richfield Living for a 10.31 acre parcel and a
14.93 acre parcel of property (Tax Map Nos. #055.09-01-19.00-
0000; 055.13-01-02.01-0000; 055.09-01-20.02-0000; and 055.09-01-
15.00-0000)(Due to time constraints, it is requested that, upon a
four-fifths vote of the Board, the second reading be waived and
the ordinance adopted as an emergency measure.) (Ruth Ellen
Kuhnel, County Attorney)
Ms. Kuhnel outlined the request for the ordinance and outlined the request
for an emergency measure.
Chairman North opened and closed the public hearing with no citizens to
speak on this issue. There was no discussion.
ORDINANCE 031219-4 GRANTING AND AUTHORIZING A DEED
OF RELEASE OF REVERTER AND RESTRICTION TO
RICHFIELD LIVING FOR A 10.31 ACRE PARCEL AND A 14.93
ACRE PARCEL OF PROPERTY (TAX MAP NOs. #055.09-01-
19.00-0000; 055.13-01-02.01-0000; 055.09-01-20.02-0000; and
055.09-01-15.00-0000)
WHEREAS, by Deed dated September 20, 1954, recorded in the Clerk’s Office
of the Circuit Court of Roanoke County, Virginia (the “Clerk’s Office”), in Deed Book
513, page 240, Grantor conveyed unto Mercy House, Incorporated a certain parcel
located in Roanoke County, Virginia containing approximately 10.31 acres and more
particularly described therein; and
March 12, 2019
90
WHEREAS, by Deed dated November 21, 1955, recorded in the Clerk’s Office in
Deed Book 543, page 255, Grantor conveyed unto Mercy House, Incorporated a certain
parcel located in Roanoke County, Virginia containing approximately 14.93 acres and
more particularly described therein (both deeds are hereinafter referred to as the
“Deeds” and both parcels are hereinafter referred to as the “Properties”); and
WHEREAS, each of the Deeds contains provisions that each of the Properties
would revert to and title thereto would be vested in the Board of Supervisors of Roanoke
County, Virginia in the event that Mercy House, Incorporated, its successors or assigns,
for any reason discontinued or ceased to operate as a non-stock, non-profit corporation
(and as a convalescent home) (the “Reverter Right”). Each of the Deeds further states
that the grantee needs the consent and approval of the Board of Supervisors of
Roanoke County, Virginia and the Judge of the Circuit Court of Roanoke County,
Virginia to sell any part of the Properties or any improvements thereon (the “Deed
Restriction”); and
WHEREAS, Mercy House, Incorporated has changed its corporate name several
times but has continuously operated as a non-stock, non-profit corporation (and as a
convalescent home) since it acquired the Properties. Richfield Living is the current
name of the corporation, and Richfield Living is the sole owner of the Properties; and
WHEREAS, the parties desire to release the Deed Restriction and the Reverter
Right created in each of the Deeds; and
WHEREAS, the request for the release of the Deed Restriction and the Reverter
Right is to facilitate growth and expansion of Richfield Living, and said expansion will
benefit the County by providing jobs, and necessary medical and rehabilitation facilities,
such release is in the County’s best interests; and
WHEREAS, an emergency exists to ensure that Richfield Living can meet
requisite deadlines to obtain necessary financing for such expansion and growth; and
WHEREAS, a first and reading of this ordinance was held on March 12, 2019, a
second reading having been waived by a four-fifths vote of the Board due to an
emergency; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance;
WHEREAS, the County has provided notice of this real estate transaction to the
public by posting a legal ad and holding a public hearing.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading concerning the disposition of the herein-
described real estate was held on March 12, 2019; the second reading
and public hearing are waived due to an emergency; and
2. That County has posted the appropriate legal notice and conducted a
public hearing regarding this interest in real estate; and
March 12, 2019
91
3. That for the reasons set forth herein, the Board deems this release of its
reverter to be in the County’s best interests and therefore does hereby
release, revoke and terminate the Reverter Right and the Deed Restriction
regarding each of the Properties in each of the Deeds for the parcels
referenced herein (including, without limitation, the consent and approval
right that County gave to the Judge of the Circuit Court of Roanoke
County, Virginia in the Deeds), such Richfield Living, Inc., as a successor
in interest to Mercy House, Inc., shall hereafter forever have and hold title
to the Properties free and clear of the Reverter Right and Deed
Restriction; and County does hereby grant, release, quitclaim and convey
unto Richfield Living all of its right, title, and interest in and any claims
upon each of the Properties contained in the Deeds.
4. That the County Administrator, or his designee, is authorized to execute
such documents and take such actions on behalf of Roanoke County as
are necessary to accomplish this transaction, all of which shall be upon a
form approved by the County Attorney.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Peters, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance appropriating funds in the amount of $187,000 from
County Capital Reserves for fiscal year 2018-2019 for the purpose
of providing funding for the County Facilities Assessment
(Christopher R. Bever, Director of Management and Budget; Rob
Light, Director of General Services)
Mr. Bever advised there were no changes since the first reading. There
was no discussion.
ORDINANCE 031219-5 APPROPRIATING FUNDS IN THE
AMOUNT OF $187,000 FROM COUNTY CAPITAL RESERVES
FOR FISCAL YEAR 2018-2019 FOR THE PURPOSE OF
PROVIDING FUNDING FOR THE COUNTY FACILITIES
ASSESSMENT
WHEREAS, Section 5-3 of the Comprehensive Financial Policy directs County
staff to obtain “… an independent, professional, and comprehensive facilities
March 12, 2019
92
assessment to ascertain the present condition of each facility …” every seven to ten
years; and
WHEREAS, County staff has completed contract negotiations to complete the
initial facilities assessment and held a work session to discuss the facilities assessment
with the Board of Supervisors on February 12, 2019; and
WHEREAS, funding for completion of the assessment is now being requested by
County staff; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance before they are expended; and
WHERAS, the first reading of this ordinance was held on February 26, 2019, and
the second reading of this ordinance was held on March 12, 2019.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $187,000 is hereby appropriated from Capital Reserves
for fiscal year 2018-2019 for the purpose of providing funding for the County Facilities
Assessment.
2. This ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Assaid to adopt the ordinance, seconded by Supervisor
Radford, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance amending sections of the Roanoke County Zoning
Ordinance dealing with sign regulations (Philip Thompson, Acting
Director of Planning)
Mr. Thompson outlined the request for the ordinance. There was no
discussion.
Chairman North opened and closed the public hearing with no citizens to
speak on this item.
ORDINANCE 031219-6 AMENDING ROANOKE COUNTY
ZONING ORDINANCE, ARTICLE II, SECTION 30-28,
DEFINITIONS
WHEREAS, the Board of Supervisors adopted the County Zoning Ordinance,
including definitions to be applied and since the enactment of that Ordinance, judicial
guidance and best practices for local governments warrant changes to the County
Zoning Ordinance; and
March 12, 2019
93
WHEREAS, the proposed amendments have been reviewed and vetted through
work sessions of the Planning Commission and input from stakeholders; and
WHEREAS, the proposed revisions are consistent with judicial mandates and
best practices; and
WHEREAS, legal notice and advertisement has been provided as required by
law, the first reading of this ordinance was held on February 26, 2019, and the second
reading and public hearing were held on March 12, 2019; and
NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of
Roanoke County, Virginia, that the Zoning Ordinance of Roanoke County is hereby
amended as follows:
SEC. 30-28. DEFINITIONS.
(C) For the purposes of this ordinance, the words and phrases listed below in this
section shall have the meanings described below.
Agricultural product sign: Any sign displayed for the purpose of advertising
agricultural products produced on the premises where the sign is displayed.
Banner: A sign applied to cloth, paper, flexible plastic, or fabric of any kind and
generally intended to be displayed on a temporary basis. A temporary sign of flexible
materials affixed to a framework or flat surface.
Business sign: A sign which directs attention to a profession or business
conducted, or to a commodity, service activity or entertainment sold or offered, upon the
premises where the sign is located, or in the building to which the sign is affixed.
Construction sign: A temporary sign identifying an architect, developer, builder,
general contractor, subcontractor, material supplier, and or financing entity participating
in construction on the property on which the sign is located.
Directional sign: Any sign displayed for the direction and convenience of the
public, including signs which identify rest rooms, location of public telephones, public
entrances, freight entrances or the like.
Historic site signs: A sign erected and maintained by a public agency, or non-
profit historical society, that identifies the location of, and provides information about, a
historic place or event.
Home occupation sign: A sign associated with home occupation uses as
provided for elsewhere in this ordinance.
Illegal signs: A sign erected without a required permit or which otherwise does
not comply with any provisions of this Ordinance.
Minor sign: A permanent wall mounted or freestanding sign not exceeding three
(3) square feet in area, not exceeding four (4) feet in height, and not illuminated.
Public art: Items expressing creative skill or imagination in a visual form, such as
painting or sculpture, which are intended to beautify or provide aesthetic influences to
public areas which are visible from the public realm.
Public service sign: A sign advertising only the name, time and place of any bona
fide fair, carnival, festival, bazaar, horse show or similar event when conducted by or for
March 12, 2019
94
the benefit of any civic, religious, educational or charitable cause; provided that the sign
shall be displayed no longer than twenty-one (21) days per calendar year.
Sign: Any device, structure, fixture or placard using graphics, symbols, and/or
written copy designed specifically for the purpose of advertising or identifying any
establishment, product, goods, service, or activity. Any object, device, display, or
structure, or part thereof, visible from a public right-of-way open to use by the general
public which is designed and used to attract attention to an institution, organization,
business, product, service, event, or location by any means involving words, letters,
figures, design, symbol, fixtures, logos, colors, illumination, or projected images. The
term does not include public art, architectural elements incorporated into the style or
function of a building, or flags of any nation, state, or other geopolitical entity. The term
“sign” also does not include the display of merchandise for sale on the site of the
display.
Sign face: The portion of a sign structure bearing the message.
Temporary sign: Any sign, other than a portable sign, which is temporarily affixed
to the ground, a building or other structure, including, but not limited to banners, and/or
an on-premise sign applying to a seasonal or brief activity such as, but not limited to,
summer camps, horse shows, yard sales, Christmas tree sales, business promotions,
auctions and carnivals. For the purposes of these regulations, on-premises real estate
signs and signs displayed on active construction projects shall be considered temporary
when displayed in accordance with section 30-93-8. A sign constructed of cloth, canvas,
vinyl, paper, plywood, fabric, or other lightweight material not well suited to provide a
durable substrate or, if made of some other material, is neither permanently installed in
the ground nor permanently affixed to a building or structure which is permanently
installed in the ground.
ARTICLE V – DEVELOPMENT STANDARDS
SEC. 30-93. SIGNS.
Sec. 30-93-1. Purpose. Finding, purpose and intent; interpretation.
(A) These regulations are intended to define, permit and control the use of signs.
They have been established by the board to achieve the following community
goals and objectives:
1. Protect the health, safety, and welfare of the public.
2. Promote the economic growth of the county by creating a community
image that is conducive to attracting new business and industrial
development.
3. Distribute equitably the privilege of using the public environs to
communicate private information.
4. Permit reasonable legibility and effectiveness of signs and to prevent their
over-concentration, improper placement and excessive height, bulk,
density, and area.
5. Promote the safety of persons and property by requiring that signs not
create a hazard due to collapse, fire, decay, or abandonment.
March 12, 2019
95
6. Ensure that signs do not obstruct fire-fighting efforts, and do not create
traffic hazards by confusing or distracting motorists or by impairing drivers'
ability to see pedestrians, obstacles, or other vehicles or to read traffic
signs.
7. Provide for the reasonable advertising of business and civic products and
services, with recognition of the effects of signage on the character of the
community.
8. Control visual clutter, and encourage high professional standards in sign
design and display.
9. Establish clear procedures for the administration and enforcement of this
ordinance.
(A) Signs obstruct views, distract motorists, displace alternative uses for land,
and pose other problems that legitimately call for regulation. The purpose
of this ordinance is to regulate the size, color, illumination, movement,
materials, location, height and condition of all signs placed on private
property for exterior observation, thus ensuring the protection of property
values, the character of the various neighborhoods, the creation of a
convenient, attractive and harmonious community, protection against
destruction of or encroachment upon historic areas, and the safety and
welfare of pedestrians and wheeled traffic while providing convenience to
citizens and encouraging economic development. This ordinance allows
adequate communication through signage while encouraging aesthetic
quality in the design, location, size and purpose of all signs. This
ordinance shall be interpreted in a manner consistent with the First
Amendment guarantee of free speech. If any provision of this article is
found by a court of competent jurisdiction to be invalid, such finding shall
not affect the validity of other provisions of this article which can be given
effect without the invalid provision.
(B) Signs not expressly permitted as being allowed by right or by special use
permit under this ordinance, by specific requirements in another portion of
this ordinance, or otherwise expressly allowed by the Board of
Supervisors are forbidden.
(C) A sign placed on land or on a building for the purpose of identification,
protection or directing persons to a use conducted therein shall be
deemed to be an integral but accessory and subordinate part of the
principal use of land or building. Therefore, the intent of this ordinance is
to establish limitations on signs in order to ensure they are appropriate to
the land, building or use to which they are appurtenant and are adequate
for their intended purpose while balancing the individual and community
interests identified in subsection (A) of this section.
(D) These regulations are intended to promote signs that are compatible with
the use of the property to which they are appurtenant, landscape and
March 12, 2019
96
architecture of surrounding buildings, are legible and appropriate to the
activity to which they pertain, are not distracting to motorists, and are
constructed and maintained in a structurally sound and attractive
condition.
(E) These regulations distinguish between portions of the County designed for
primarily vehicular access and portions of the County designed for
primarily pedestrian access.
(F) These regulations do not regulate every form and instance of visual
speech that may be displayed anywhere within the jurisdictional limits of
the County. Rather, they are intended to regulate those forms and
instances that are most likely to meaningfully affect one or more of the
purposes set forth above.
(G) These regulations do not entirely eliminate all of the harms that may be
created by the installation and display of signs. Rather, they strike an
appropriate balance that preserves ample channels of communication by
means of visual display while still reducing and mitigating the extent of the
harms caused by signs.
Sec. 30-93-3. Exempted Signs.
(A) The following signs shall be exempted from regulation, and may be displayed
within the county without obtaining a sign permit. However, an electrical permit
shall be required for any sign requiring or incorporating electrical service:
1. Official traffic signs or similar regulatory devices, identification, directional
or other signs owned, erected and maintained by a duly constituted
governmental body. Signs erected by a governmental body or required by
law.
2. Signs required to be displayed or maintained by law or governmental
order, rule or regulation.
3. Memorial tablets or signs, provided they are displayed by a public or
quasi-public agency.
4. Directional signs provided that each such sign does not exceed three (3)
square feet per sign, and is limited to one (1) per access to a public street.
5.2. Street address signs, not exceeding ten (10) square feet in size.
6. Non-illuminated signs, not more than three (3) square feet in area warning
trespassers or announcing property as posted.
7. Signs displayed on a truck, bus, or other vehicle while in use in the normal
conduct of business. This section shall not be interpreted to permit the
parking for display purposes a vehicle to which a sign is attached or the
use of such a vehicle as a sign.
8. Flags and insignias of any government except when displayed in
connection with commercial purposes.
9. On-premises real estate signs in residential or agricultural zoning districts
not exceeding five (5) square feet in area, or on-premises real estate signs
March 12, 2019
97
in commercial or industrial zoning districts not exceeding sixteen (16)
square feet in area. On-premises real estate signs larger than these
exempted allowances may be installed as temporary signs in accordance
with section 30-93-8(B).
10. Clocks that display time and temperature through the use of mechanical
means or the controlled display of lights, provided these devices do not
display any other message.
113. Political campaign signs provided that they are located outside of the
public right-of-way; are erected or constructed in accordance with the
structural and safety requirements of the building code, if applicable; are
not located in the sight distance triangle at a road intersection; do not
obstruct vehicular or pedestrian travel; and do not obstruct the view of the
property street address and street name.
12. Signs displayed between Thanksgiving and Christmas associated with the
sale of Christmas trees and wreaths.
13.4. Signs on the inside of establishments, except those signs specified in
sections 30-93-4(A)5. and 7., which shall not be excluded.
14. On-premises agricultural product signs associated with the seasonal
and/or incidental sale of such products on property where the primary land
use is residential or agricultural, provided such signs do not exceed four
(4) square feet in area.
15. Signs that are displayed by or promote civic, religious, educational or
charitable organizations or causes, provided such signs are displayed no
longer than thirty (30) consecutive days per calendar year, are placed on-
premises and shall meet the existing size standards and number limit for
temporary signs. Portable signs shall not be permitted as part of this
exemption.
5. Temporary signs as follows:
a. Any signs no more than 96 square feet, located on property where a
building permit is active.
b. On any property for sale, rent or lease in residential and agricultural
zoned districts, one of more signs with a total area up to 32 square feet
in total size. All other zoning districts shall be limited up to 60 square
feet in size.
c. Official notices or advertisements posted or displayed by or under the
direction of any public or court officer in the performance of his official
or directed duties; provided, that all such signs shall be removed no
more than ten (10) days after their purpose has been accomplished.
d. On residential zoned property, one or more, temporary signs with a
total area of no more than 16 square feet, and which are removed
within 30 days of being erected.
March 12, 2019
98
6. Not more than two minor signs per parcel. Additional minor signs are
permitted in certain districts with a permit.
Sec. 30-93-4. Prohibited Signs.
(A) The following signs are prohibited within the county:
1. Any sign that due to its size, location, color, or illumination obscures a sign
displayed by a public authority for the purpose of giving traffic or safety
instructions or directions. Signs simulating, or which are likely to be
confused with, a traffic control sign or any other sign displayed by a public
authority. Any such sign is subject to immediate removal and disposal by
an authorized County official as a nuisance.
6. Any sign that simulates an official traffic sign or signal, and which contains
the words "STOP," "GO," "SLOW," "CAUTION," "DANGER," "WARNING,"
or similar words.
7.6. Any sign or portion thereof that rotates, or otherwise moves through the
use of electrical or wind power. This prohibition does not include the
changing of messages on electronic message boards.
8.7. Signs advertising activities or products that are illegal under federal, state,
or county law.
9.8. Any sign that obstructs any building door, window, or other means of
egress.
10.9. Any electrical sign that does not display the UL, ETL, CSA, or ULC label,
unless such sign is constructed, installed, and inspected in accordance
with section 30-93-9(B).
11.10. Signs or sign structures that are erected on, or extend over, a piece of
property without the expressed written permission of the property owner or
the owner's agent.
12.11. Any sign that due to its size, location or height obstructs the vision of
motorists or pedestrians at any intersection, or similarly obstructs the
vision of motorists entering a public right-of-way from private property.
13.12. Portable signs.
14.13. Roof signs.
15.14. Any temporary sign(s) displayed on a stationary motor vehicle or trailer
when the vehicle or trailer is parked or oriented for the purpose of serving
the function of a sign, except when such vehicle or trailer is parked in the
operator's driveway or when the vehicle is parked to the side or rear of a
commercial building and is not visible from adjacent public roads or is
loading or unloading.
Sec. 30-93-8. Temporary Signs.
(A) Any person wishing to display a temporary sign must apply for a sign permit
pursuant to section 30-93-5 and 30-93-15. Except as provided in subsections (B)
March 12, 2019
99
and (C) below, pertaining to real estate and construction signs, tTemporary signs
shall comply with the following standards:
1. Each business or non-residential use on a lot shall be allowed to display one (1)
temporary sign at any time during a calendar year. Any temporary sign secured
to a temporary fixture or post must meet the minimum sign setback, per Section
30-93-15, from the property line, adjacent to the right-of-way. Each business or
non-residential use wishing to display a temporary sign must apply for a
temporary sign permit. Temporary sign permits shall expire at the end of each
calendar year.
2. In commercial and industrial zoning districts, the total square footage of
any temporary sign shall not exceed thirty-two (32) square feet. In all other
zoning districts, the total square footage of any temporary sign shall not
exceed sixteen (16) square feet.
(B) Real estate signs greater than sixteen (16) square feet in commercial or
industrial zoning districts or greater than five (5) square feet in agricultural or
residential zoning districts may be installed on a lot provided that each such sign
does not exceed ninety-six (96) square feet in area, and has a minimum sign
setback of fifteen (15) feet from all property lines. All real estate signs must be
removed within fourteen (14) days after the property has been sold or leased.
(C) On premises construction signs may be installed on active construction sites. No
construction sign shall exceed ninety-six (96) square feet in area. Any such sign
must have a minimum sign setback of fifteen (15) feet from all property lines. All
construction signs must be removed from a construction site prior to the issuance
of a certificate of zoning compliance for the building or project.
(D) Any temporary sign secured to a temporary fixture or post must have a minimum
sign setback of fifteen (15) feet from the property line, adjacent to the right-of-
way.
Sec. 30-93-12. Damaged or Neglected Signs.
(A) The building commissioner of county shall have the authority to order the
removal, without compensation, of any sign or sign structure that due to
neglect or damage poses an clear immediate and imminent danger to the
health, safety and welfare of the public.
(B) All signs shall be constructed and mounted in compliance with the Virginia
Uniform Statewide Building Code.
(C) All signs and components thereof shall be maintained in good repair and in a
safe, neat and clean condition.
(D) The owner of any advertising sign, other than a permitted off-premises sign,
located on commercial property where the use or business has ceased
operating shall, within 60 days of the cessation of use or business operation,
replace the sign with a blank face until such time as a use or business has
resumed operating on the property.
March 12, 2019
100
(E) Any sign which becomes a safety hazard of which is not kept in a reasonably
good state of repair shall be put in a safe and good state of repair within 30
days of a written notice to the owner and permit holder.
(F) Any sign which constitutes a nuisance may be abated by the County of
Roanoke under the requirements of Virginia Code §§ 15.2-900, 15.2-906,
and/or 15.2-1115.
Sec. 30-93-13. District Regulations.
(A) AG-3 and AG-1 Zoning Districts.
1. Lots within an AG-3 and AG-1 districts shall be allowed a maximum
signage allocation not to exceed one-quarter (0.25) square foot of sign
area per one (1) lineal foot of lot frontage.
2. The following signs shall be allowed in the AG-3 and AG-1 districts subject
to the regulations contained herein:
Business Signs. Each permitted business shall be allowed a maximum of
fifty (50) square feet of sign area, provided that the total signage on the lot
does not exceed the allowable maximum as defined in (1) above.
Businesses that request sign permits for lots that meet or exceed their
allowable sign allocation shall be allowed a maximum of twenty-five (25)
square feet of signage.
Identification Signs. A maximum of thirty (30) square feet shall be allowed
per use.
Home Occupation Signs. A maximum of two (2) square feet shall be
allowed per home occupation, or group of home occupations within one
(1) home.
Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed
per sign.
Temporary Signs. Temporary signs shall be allowed in accordance with
section 30-93-8.
3. No freestanding sign shall be allowed on any lot having less than the
minimum required lot frontage for the zoning district of the property. The
required minimum separation for freestanding signs on a lot or lots under
single ownership or control shall be two hundred fifty (250) feet. No
freestanding sign shall be located within fifteen (15) feet of any other
freestanding sign on an adjacent or adjoining lot.
4. Minimum sign setback from front property line: fifteen (15) feet.
5. Maximum sign height: fifteen (15) feet.
6. No establishment shall be allowed more than four (4) signs.
(B) AR, R-1, R-2, R-3, R-4 and R-MH Zoning District Regulations.
March 12, 2019
101
1. Lots within AR, R-1, R-2, R-3, R-4, and R-MH districts shall be allowed a
maximum signage allocation not to exceed one-quarter (0.25) square foot
of sign area per one (1) lineal foot of lot frontage.
2. The following signs shall be allowed in the AR, R-1, R-2, R-3, R-4 and R-
MH districts subject to the regulations contained herein:
Business Signs. Each permitted business in a residential district shall be
allowed a maximum of thirty (30) square feet of sign area, provided that
the total signage on the lot does not exceed the allowable maximum as
defined in (1) above. Businesses that request sign permits for lots that
meet or exceed their allowable sign allocation shall be allowed a
maximum of twenty-five (25) square feet of signage.
Identification Signs. A maximum of thirty (30) square feet shall be allowed
per use.
Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed
per sign.
Temporary Signs. Temporary signs shall be allowed in accordance with
section 30-93-8.
3. No freestanding business sign shall be allowed on any lot having less than
the minimum required lot frontage for the zoning district of the property.
The required minimum separation for all freestanding signs on a lot or lots
under single ownership or control shall be two hundred fifty (250) feet. No
freestanding sign shall be located within fifteen (15) feet of any other
freestanding sign on an adjacent or adjoining lot.
4. Minimum sign setback from front property line: fifteen (15) feet.
5. Maximum sign height: ten (10) feet.
6. No establishment shall be allowed more than two (2) signs.
(C) AV Village Center and NC Neighborhood Commercial District Regulations.
1. Lots within AV and NC districts shall be allowed a maximum signage
allocation not to exceed one (1) square foot of sign area per one (1) lineal
foot of lot frontage.
2. The following signs shall be allowed in AV and NC districts subject to the
regulations contained herein:
Business Signs. Each permitted business in AV and NC districts shall be
allowed a maximum of four hundred (400) square feet of sign area,
provided that the total signage on the lot does not exceed the allowable
maximum as defined in (1) above. Businesses that request sign permits
for lots that meet or exceed their allowable sign allocation shall be allowed
a maximum of twenty-five (25) square feet of signage.
Identification Signs. Identification signs shall be subject to the same
regulations as business signs within this district.
Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed
per sign.
March 12, 2019
102
Temporary Signs. Temporary signs shall be allowed in accordance with
section 30-93-8.
3. No on-premises freestanding sign shall be allowed on any lot having less
than the minimum required lot frontage for the zoning district of the
property. The required minimum separation for freestanding signs on a lot
or lots under single ownership or control shall be two hundred fifty (250)
feet. No freestanding sign shall be located within fifteen (15) feet of any
other freestanding sign on an adjacent or adjoining lot.
4. Minimum sign setback from front property line: fifteen (15) feet.
5. Maximum sign height: fifteen (15) feet.
6. No establishment shall be allowed more than four (4) signs.
(D) C-1 Office District Regulations.
1. Lots within a C-1 district shall be allowed a maximum signage allocation
not to exceed one-half (0.5) square foot of sign area per one (1) lineal foot
of lot frontage.
2. The following signs shall be allowed in the C-1 office district subject to the
regulations contained herein:
Business Signs. Each permitted business in a C-1 district shall be allowed
a maximum of five hundred (500) square feet of sign area, provided that
the total signage on the lot does not exceed the allowable maximum as
defined in (1) above. Businesses that request sign permits for lots that
meet or exceed their allowable sign allocation shall be allowed a
maximum of twenty-five (25) square feet of signage.
Identification Signs. Identification signs shall be subject to the same
regulations as business signs within this district.
Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed
per sign.
Temporary Signs. Temporary signs shall be allowed in accordance with
section 30-93-8.
3. No on-premises freestanding sign shall be allowed on any lot having less
than the minimum required lot frontage for the zoning district of the
property. The required minimum separation for freestanding signs on a lot
or lots under single ownership or control shall be two hundred fifty (250)
feet. No freestanding sign shall be located within fifteen (15) feet of any
other freestanding sign on an adjacent or adjoining lot.
4. Options for sign setbacks and height shall be as follows:
Option 1
Minimum sign setback from front property line: ten (10) feet.
Maximum sign height: ten (10) feet.
Option 2
Minimum sign setback from front property line: fifteen (15) feet.
Maximum sign height: fifteen (15) feet.
March 12, 2019
103
5. No establishment shall be allowed more than four (4) signs.
(E) C-2 General Commercial District Regulations.
1. Lots within a C-2 district shall be allowed a maximum signage allocation
not to exceed one and one-half (1.50) square feet of sign area per one (1)
lineal foot of lot frontage.
2. The following signs shall be allowed in the C-2 general commercial district
subject to the regulations contained herein:
Business Signs. Each permitted business in a C-2 district shall be allowed
a maximum of five hundred (500) square feet of sign area, provided that
the total signage on the lot does not exceed the allowable maximum as
defined in (1) above. Businesses that request sign permits for lots that
meet or exceed their allowable sign allocation shall be allowed a
maximum of twenty-five (25) square feet of signage.
Identification Signs. Identification signs shall be subject to the same
regulations as business signs within this district.
Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed
per sign.
Temporary Signs. Temporary signs shall be allowed in accordance with
section 30-93-8.
3. No on-premises freestanding sign shall be allowed on any lot having less
than the minimum required lot frontage for the zoning district of the
property. The required minimum separation for freestanding signs on a lot
or lots under single ownership or control shall be two hundred fifty (250)
feet. No freestanding sign shall be located within fifteen (15) feet of any
other freestanding sign on an adjacent or adjoining lot.
Notwithstanding the above, the administrator may waive, in writing, the
two hundred fifty-foot separation requirement between freestanding signs
provided the administrator finds the following standards are met:
a. No more than one (1) freestanding sign shall be allowed for each
two fifty (250) feet of lot frontage, or portion thereof, under single
ownership or control.
b. The new freestanding sign is a monument sign with a maximum
height of fifteen (15) feet and a maximum width of ten (10) feet.
c. The placement of the sign in the desired location does not promote
visual sign clutter on the property or surrounding area.
d. In exchange for the placement of the new freestanding sign in the
desired location, the applicant or property owner proposes, and
agrees in writing to undertake, significant improvements to existing
signage on the property. These improvements shall be designed to
reduce existing sign clutter, enhance sign design, and promote the
overall visual appearance of the property.
March 12, 2019
104
e. All other sign ordinance requirements regarding the placement and
size of the sign are met.
4. Options for sign setbacks and height shall be as follows:
Option 1
Minimum sign setback from front property line: ten (10) feet.
Maximum sign height: ten (10) feet.
Option 2
Minimum sign setback from front property line: fifteen (15) feet.
Maximum sign height: twenty-five (25) feet.
5. No establishment shall be allowed more than five (5) signs.
(F) I-1 and I-2 Industrial Zoning District Regulations.
1. Lots within I-1 and I-2 districts shall be allowed a maximum signage
allocation not to exceed one and one-half (1.5) square feet of sign area
per one (1) lineal foot of lot frontage.
2. The following signs shall be allowed in the I-1 and I-2 districts subject to
the regulations contained herein:
Business Signs. Each business in an industrial zoning district shall be
allowed a maximum of three hundred (300) square feet of sign area,
provided that the total signage on the lot does not exceed the allowable
maximum as defined in (1) above. Businesses that request sign permits
for lots that meet or exceed their allowable sign allocation shall be allowed
a maximum of twenty-five (25) square feet of signage.
Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed
per sign.
Identification Signs. Identification signs shall be subject to the same
regulations as business signs within this district.
Temporary Signs. Temporary signs shall be allowed in accordance with
section 30-93-8.
3. No on-premises freestanding sign shall be allowed on any lot having less
than the minimum required lot frontage for the zoning district of the
property. The required minimum separation for freestanding signs on a lot
or lots under single ownership or control shall be two hundred fifty (250)
feet. No freestanding sign shall be located within fifteen (15) feet of any
other freestanding sign on an adjacent or adjoining lot.
4. Options for sign setbacks and height shall be as follows:
Option 1
Minimum sign setback from front property line: ten (10) feet.
Maximum sign height: ten (10) feet.
Option 2
Minimum sign setback from front property line: fifteen (15) feet.
Maximum sign height: twenty-five (25) feet.
5. No establishment shall be allowed more than five (5) signs.
March 12, 2019
105
Generally, signage regulations, including allowable square footage, maximum number
of signs, minimum setback and height, based on zoning districts, shall comply with the
following table
Maximum total square footage based on road frontage:
Type Size (each/total s.f. Maximum Minimum Maximum
District Location
Permitted max) Sign Area Setback Height
Temporary 1 maximum/ 32 s.f. 32 s.f.
5 feet 15 feet Freestanding
AG-3
or Attached
and
0.25 s.f
AG-1
per 1 l.f. Freestanding
Permanent 4 maximum/64 s.f. 5 feet 15 feet
of lot or Attached
frontage
Freestanding
Temporary 1 maximum/32 s.f. 32 s.f. 5 feet 15 feet
or Attached
AV
1 s.f. per
Freestanding
Permanent 4 maximum/400 s.f. 1 l.f. of lot 5 feet 15 feet
or Attached
frontage
Freestanding
Temporary 1 maximum/ 32 s.f. 32 s.f. 5 feet 15 feet
AR, R-
or Attached
1, R-2,
R-3, R-
0.5 s.f.
4 and
per 1 l.f. Freestanding
Permanent 4 maximum/64 s.f. 5 feet 15 feet
R-MH
of lot or Attached
frontage
Freestanding
Temporary 1 maximum/ 60 s.f. 60 s.f. 5 feet 15 feet
or Attached
C-1, C-
2, I-1
1.5 s.f.
**See
and I-2
Proposed: per 1 l.f. **See Freestanding
Permanent Options
5 maximum/500 s.f. of lot Options or Attached
Below:
frontage Below:
Options for sign setbacks and height in the C-1, C-2, I-1 and I-2 zoned districts:
Option 1 **This option can only be used in the freestanding sign meets the definition of
March 12, 2019
106
a monument sign, per Section 30-28.
Minimum sign setback from front property line: five (5) feet.
Maximum sign height: seven (7) feet.
Option 2
Minimum sign setback from front property line: ten (10) feet.
Maximum sign height: fifteen (15) feet.
Option 3
Minimum sign setback from front property line: fifteen (15) feet.
Maximum sign height: twenty-five (25) feet.
Businesses that request sign permits for lots that meet or exceed their allowable sign
allocation shall be allowed a maximum of thirty-two (32) square feet of signage.
That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 031219-7 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM K- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for ,
designated as Item K - Consent Agenda be, and hereby is, approved and concurred in
as to each item separately set forth in said section designated Items 1 through 9
inclusive, as follows:
1. Approval of minutes – November 20, 2018
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Vicki L. Benninger, Business Systems Analyst III, upon
her retirement after more than twenty-nine (29) years of service
3. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Charles R. Hill, Accounts Coordinator, upon his
retirement after thirty-one (31) years of service
March 12, 2019
107
4. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Melba L. McGhee, Family Services Specialist, upon her
retirement after more than twelve (12) years of service
5. Request to accept audited financial results for Roanoke County Public
Schools for the fiscal year ended June 30, 2018
6. Request to accept and allocate funds in the amount of $3,000 for the Public
Safety Answering Points (PSAP) Educational Grant Program
7. Resolution requesting acceptance of Leighburn Drive of Buckland South into
the Virginia Department of Transportation System
8. Resolution requesting changes in the Virginia Department of Transportation
Secondary System of State Highways, Route 1110, Locust Grove Lane,
Route 1374 (unnamed), Route 645, Crossmill Lane, and Route 612, Barley
Drive
9. Confirmation of appointment to the Economic Development Authority (EDA)
(District)
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
RESOLUTION 031219-7.a EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO VICKI L. BENNINGER, BUSINESS SYSTEMS ANALYST III,
UPON HER RETIREMENT AFTER MORE THAN TWENTY-NINE
(29) YEARS OF SERVICE
WHEREAS, Ms. Benninger was employed by Roanoke County on May 1, 1989;
and
WHEREAS, Ms. Benninger retired on March 1, 2019, after twenty-nine (29) years
and ten (10) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Ms. Benninger’s tenure, she has served as a Systems
Analyst, Programmer Analyst and Business Systems Analyst III on the Application
Services Team in the Communications and Information Technology Department and
has served with professionalism and dedication in providing services to the citizens of
Roanoke County;
WHEREAS, Ms. Benninger worked with Roanoke County and Roanoke County
Schools’ Finance departments to support and assist them with FIN, KPMG
Performance, Microsoft Dynamics AX and other systems providing General Ledger,
Accounts Receivable, Accounts Payable, General Billing, Budget, Payroll, Purchasing,
Credit Card Payments, and Check Security. She provided thorough system
documentation, installation, data conversion, testing, analysis and business models
March 12, 2019
108
needed for system requirements, training, user support and reporting. Her interface
skills were invaluable in connecting multiple internal and external systems, reducing
duplication of data and effort and providing enhanced data for organizing, reviewing and
analyzing all types of financial data.
WHEREAS, Ms. Benninger began her Roanoke County career developing
programs with Microfocus Cobol for small systems such as Cashiering and FIN, she
progressed to skillfully supporting many types of newer technologies. She provided
support for the first relational database installation at Roanoke County, Sybase, and the
first client/server based application; these technologies were the framework for KPMG’s
Performance Financials modules. She advanced to very complex system support for the
Microsoft Dynamics AX multi-tiered Microsoft environment with SQL, Remote Desktop
Servers, SharePoint and virtual servers. She worked alongside technology and financial
teams to develop a detailed and thorough knowledge for functional and technical areas;
and developed multiple interfaces and integration methods for Payroll and Financial
systems;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to VICKI L. BENNINGER for more than twenty-nine (29) years of
capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
RESOLUTION 031219-7.b EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO CHARLES R. HILL, ACCOUNTS COORDINATOR, UPON HIS
RETIREMENT AFTER THIRTY-ONE (31) YEARS OF SERVICE
WHEREAS, Mr. Hill was employed by Roanoke County on a part-time basis from
October 1987 through June of 1988 and on a full-time basis from November 7, 1988
through February 28, 2019; and
WHEREAS, Mr. Hill retired on March 1, 2019, after thirty-one (31) years of
devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Mr. Hill’s tenure, he has served as an Account Clerk II in the
Commissioner of the Revenue’s Department; Tax Clerk I in the Commissioner of the
Revenue’s Department; Account Clerk in the Finance Department, and Accounts
Coordinator in the Parks, Recreation and Tourism Department and
March 12, 2019
109
WHEREAS, throughout Mr. Hill’s tenure, he served with an extensive level of
knowledge in accounting and budgeting practices that earned the respect and
admiration of his colleagues throughout Roanoke County, and served with
professionalism and dedication in providing services to the citizens of Roanoke County;
and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to CHARLES R. HILL II for thirty-one (31) years of capable, loyal
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
RESOLUTION 031219-7.c EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO MELBA L. MCGHEE, FAMILY SERVICES SPECIALIST,
UPON HER RETIREMENT AFTER MORE THAN TWELVE
YEARS (12) YEARS OF SERVICE
WHEREAS, Melba L. McGhee was employed by Roanoke County on May 6,
2006; and
WHEREAS, Ms. McGhee retired on March 1, 2019, after twelve (12) years and
ten (10) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Ms. McGhee’s tenure, first serving as an Eligibility Worker for
two (2) years and four (4) months, then as a Family Services Specialist on the Foster
Care team for six (6) months, moving to the Adult Services Team in the Department of
Social Services in March of 2009 where she served out her tenure with professionalism
and dedication in providing services to the citizens of Roanoke County;
WHEREAS, during Ms. McGhee‘s time serving the citizens of Roanoke County,
she provided services to the adult population for ten (10) years working in both Adult
Services and Adult Protective Services programs. Ms. McGhee was very passionate
and diligent about her work with the citizens she encountered in her roles. Ms. McGhee
assisted the individuals she worked with in improving the quality of life remaining very
efficient and dedicated throughout her tenure. Ms. McGhee provided services to prevent
abuse, neglect and exploitation of older adults and incapacitated adults. Ms. McGhee
also provided education to the community about the services the Department was able
to provide to the adult population.
March 12, 2019
110
WHEREAS, NOW, THEREFORE , BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation and the
appreciation of the citizens of Roanoke to MELBA L. MCGHEE for more than twelve
(12) years of capable, loyal and dependable service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
A-031219-7.d
A-031219-7.e
RESOLUTION 031219-7.f REQUESTING ACCEPTANCE OF
LEIGHBURN DRIVE OF BUCKLAND SOUTH INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SYSTEM
WHEREAS, the streets described on the attached VDOT Form AM-4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County; and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation’s Subdivision Street Requirements; and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM-4.3 to the secondary system of State highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time; and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage;
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
March 12, 2019
111
RESOLUTION 031219-7.g REQUESTING CHANGES IN THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM OF STATE HIGHWAYS, ROUTE 1110, LOCUST GROVE
LANE; ROUTE 1374 (UNNAMED); ROUTE 645, CROSSMILL
LANE; ROUTE 612, BARLEY DRIVE; GLENVAR MAGISTERIAL
DISTRICT
WHEREAS, the Virginia Department of Transportation has completed Project
0011-080-108, C-501, the Route 11/460 Widening Project; and
WHEREAS, the project sketches and VDOT Form AM-4.3, attached and
incorporated herein as part of this resolution, define adjustments necessary in the
Secondary System of State Highways as a result of Project 0011-080-108, C-501; and
WHEREAS, certain segments identified in the incorporated Form AM-4.3 appear
to no longer serve public convenience and should be abandoned as part of the
Secondary System of State Highways; and
WHEREAS, certain segments identified in the incorporated Form AM-4.3 are
ready to be accepted into the Secondary System of State Highways; and
NOW, THEREFORE, BE IT RESOLVED that
1. The Board of Supervisors hereby requests the Virginia Department of
Transportation to take the necessary action to abandon those segments
identified on the attached project sketch and Form AM-4.3 as part of the
Secondary System of State Highways, pursuant to §33.2-912, Code of
Virginia, and
2. The Board of Supervisors requests the Virginia Department of Transportation
to add the segments identified on the attached project sketch and Form AM-
4.3 to the Secondary System of State Highways, pursuant to §33.2-705, Code
of Virginia, and
3. A certified copy of this resolution be forwarded to the VDOT Salem
Residency, by the Clerk to the Board of Supervisors.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid, the motion was carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
A-031219-h
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Roberta Bondurant requested that she have five minutes to speak instead
of the normal three minutes. Ms. Bondurant from Bent Mountain stated she had not
appeared before the Board since Mr. O’Donnell has assumed his work and she wished
March 12, 2019
112
him the very best and appreciate his history of work here. She also stated that they
appreciated Mr. Caywood’s and Ms. Kuhnel’s work in the Section 106 process. They,
with their counsel, worked and are still working the mitigation process. We do recognize
and appreciate that. We recognize she believes $200,000 that Mr. Caywood said came
from the County coffers alongside mitigation money. They appreciate that, but what she
is here to describe is the principal and history and Grace Terry’s particular story with the
Virginia Outdoors Foundation as a landowner and are among at least 12 landowners
that she can think of now that who are still along the 6.5 miles of the Bent Mountain
plateau still fighting the taking. They are not even scheduled for an eminent domain
trial. Perhaps a year from now, perhaps nine to twelve months from now. They are
standing strong and are opposed to the taking at this point. So, in that context, what
she would ask the Board to recognize that the money, $500,000 that this County has
taken if fracked gas money? She would ask us, the Board, herself, “us” as government
that the buck stops with you and it stops with me. We need to ask ourselves what is the
financing underpinning our government, whether that be in DEQ, historic resources and
how we finance our schools and our community centers. Fracked gas cocktails driven
into wells in Pennsylvania, Ohio and West Virginia makes people sick is the money we
are depending on to renew our community center. Bless Bruce Coffee the head of our
community center for his practicality in the work that he is doing and making it a viable
community center and at the same time, he and his family and our neighbors recognize
that were we given the choice of pipeline versus fixing us the community center, thanks
but no thanks. We will fix up our community center; we will figure a way. Going back to
the VOF, Grace Terry put her land as a property owner, this is property rights, this
spans all political spectrums. She in 2008, put her land in a VOF Trust, Virginia
Outdoors Foundation for landowners. This was consequent to the wind turbine
controversy and she had a very specific anticipation that we were protecting her
property from infrastructure development and quite the opposition happens and she has
a little slice of heaven that she inherited from her Aunt Grace Montquir Terry and it goes
right out and opens up on Spring Hollow Reservoir, a skinny little place on the way
backside of Poor Mountain. It is one third of an acre. In the trade, the Company got
$75,000 and VOF got $75,000 and ten acres on Twelve O’Clock Knob Road. She is
speaking slowly but she wants to get them informed to be contemplative of the history
behind this and understand when you hear of Bent Mountain landowners fighting to
keep their community, you will understand. You will have a factual history in context.
She went to two or three many meetings with VOF, in which she and her attorney fought
the taking. FERQ denied the taking at the outset and ultimately MVP appealed that and
it was a rare thing for FERQ to deny it, but they did deny it. As a landowner, ten acres
on Twelve O’Clock Knob Road and $75,000, Grace at maximum at this point if she
understandings it will receive $3,000. From that cut, she will pay Federal taxes, State
and local taxes and her lawyer will take a cut; that is how eminent domain is practiced at
this State, at this time in State and Federal courts in Virginia. There may be other ways
for your lawyer to get paid, but not too many have figured it out yet, but for now, lawyers
March 12, 2019
113
are paid by a cut of the easement. Think about that. Why don’t landowners who are hit
having done nothing wrong, not get something in the sort of a public defender? That is
a question that she has and she has that question as a former public defender herself
that people who are accused of very serious crimes have a right to an attorney, but
people who have done nothing and have never set foot in a courtroom are in this
situation visa vie trying to manage payment to an attorney. She will go on and say as a
practical matter, she is asking “us”, to rethink out we support our government. If we
begin to think that MVP, EQT at the top of its website advertises industrial strength
solar. This is at the top of their website. They advertise that they own a water
company, think about that. What sort of dominion do they have over water? This is a
question that Bent Mountain landowners actually have researched and understand and
it part of why your County engineer, David Henderson, went to the State Water Control
Board in December of 2017, having done all the homework that he did. She would ask
you to talk to him and understand that. He told them then, Bent Mountain citizens, have
no other source of water. It is ground water, well water, cistern and spring water and he
asked the State Water Control Board to think it decision and to put off its decision on
permitted and they did not listen to him. With the choices given, we again appreciate
the work that you do. We look forward to working with you and understand that you
have passed your motion and affirmed the funding and as we go we would ask you to
rethink the money that you accept, how you spend it and what you can do as individuals
and as a government to push back on this project.
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Hooker stated she wanted to say one thing about Northside
High and their recent State basketball State championship. We are really proud of them
and hope that we can congratulate them in person soon.
Supervisor Assaid inquired of Mr. O’Donnell if he had received a written
response from the schools regarding the questions that we asked on March 4, 2019.
March 12, 2019
114
He asked if Mr. O’Donnell would kindly ask again for a response. There are some
requests for document in there that they need to respond to.
Supervisor North stated the Roanoke County Police Department will hold
a diversity and recruiting event on March 13, 201, at 7:00 p.m. at the Criminal Justice
Academy located at 5401 Barnes Avenue, Roanoke, Virginia. There will be short
presentation about what it is like working in law enforcement with the department.
Officers from a variety of work units will be available for one on one conversations to
answer questions and share experiences. Part of the mission of the Roanoke County
Police Department is to better engage with the community, be more approachable to
those the department serves and be more reflective of the community. The department
is looking for individuals who are interested in a career in law enforcement and who will
serve with integrity, courage, accountability and respect. Also, coming up later this
month on two dates, a Reimagine Hollins, learn, work, dine and plan, the draft plan
reveal will be shared on two dates and we would love for the public to join us to weigh in
on these potential projects that will help make Reimagine Hollins a reality one day. The
first date is Saturday, March 23, 2019, from 9:00 a.m. until 12 noon or you can choose
to come on Monday, March 25, 2019, from 4:00 p.m. until 7:00 p.m. at the Hollins
Library at 6624 Peters Creek Road. In addition, on April 8, 2019, there will be Blue
Ridge Sales Summit 2019 from 8:30 a.m. until 12:30 p.m. on Monday, April 8, 2019.
Keynote speakers sessions on Social Media for Small Businesses, branding for your
business, entrepreneurships, cyber security for business, succession planning and E-
Virginia, Virginia’s procurement marketplace will be a subject for discussion.
Congratulations to Northside again.
IN RE: CLOSED MEETING
At 4:38 p.m., Supervisor North moved to go into closed meeting pursuant
to the Code of Virginia Section 2.2-3711 A 1, Personnel, namely discussion concerning
the performance measures of the County Administrator and Section 2.2-3711.A. 8,
Consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel, namely
the Vinton Gainsharing Agreement
The motion was seconded by Supervisor Hooker and carried by the
following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
The closed session was held from 5:00 p.m. until 6:14 p.m.
March 12, 2019 115
IN RE: CERTIFICATION RESOLUTION
At 6:14 p.m., Supervisor North moved to return to open session and adopt
the certification resolution.
IN RE: ADJOURNMENT
Chairman North adjourned the meeting at 6:15 p.m.
'ub ted by: Approved by:
,, / ,,
ci7,,,,,,‘
Deborah C. J.ck P it C. No
Chief Deputy Cl: to the Board Chairman
March 12, 2019
116
PAGE LEFT BLANK INTENTIONALLY